Mcculloch V. Maryland Case Analysis

1538 Words4 Pages

Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the …show more content…

The first one asked whether the Bank was constitutional or not, and the second one asked if “Maryland’s law unconstitutionally interfered with congressional powers” (“McCulloch v. Maryland,” Oyez). The Second Bank of the United States was decided to be constitutional because of the Necessary and Proper Clause that is found in Article I, Section 8 of the Constitution. This clause grants Congress the power to “pass laws that are necessary and proper for the execution of its enumerated powers” (McBride). A few enumerated powers given to Congress include regulating interstate commerce, borrowing money, and collecting taxes. Since Congress possess these powers, the creation of the Bank was related, necessary, and proper. Next, the Supremacy Clause of Article VI of the Constitution states that the laws of the United States “trump” any state laws that conflict with them. Chief Justice Marshall stated that Maryland was unconstitutionally undermining the superior laws of the United States and the supreme law of the land. Lastly, the Supreme Court ruled that the political authority of the Union belongs to only the people of the United States and not the individual states. The people created, and are governed by, the Constitution and they give the U.S. Government its power. Maryland’s tax “acted as a levy against all the people in the United States by a state accountable to only some of the people.” Basically, Maryland’s tax violated constitutional sovereignty by trying to give political authority to the State instead of the

Show More
Related

  • Judicial Activism vs. Judicial Restraint

    468 Words  | 1 Pages

    Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden ("Emancipation Proclamation" of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a fede...

    Read More

  • Case Citation: Kentucky V. King 563 US

    720 Words  | 2 Pages

    In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the

    Read More

  • The Court Case: Mcculloch V. Maryland

    811 Words  | 2 Pages

    Maryland 's main arguments were as follows: 1) they had the right to regulate businesses and taxes within their state 2) the Federal government regulated state banks so why couldn’t a state regulate a Federal bank 3) the Constitution gives the Federal government no authority to set up a bank, and therefore it was unconstitutional. On the other side, McCullough 's arguments were: 1) Congress had deemed the creation of a national bank as necessary and proper as a way to conduct financial operations 2) the Constitution is only a framework and not all national operations that may arise could have been listened 3) the federal government is supreme over the state government, and therefore Maryland has no right to question the Second Bank of the United States. In the end, John Marshall gave his verdict in favor of McCulloch and the federal government. In his explanation, he said because of Article I, Section 8 Congress could indeed do whatever they felt was necessary under the “Elastic Clause”. Also, Marshall referred to the Supremacy Clause when he said “As long as the national government behaved in accordance with the Constitution, it’s policies took precedence over state policies”. Finally, Marshall laid out the groundwork for the “implied powers”, which are the powers of the government which have not been explicitly granted by the Constitution.

    Read More

  • Case Brief: McCulloch v. Maryland

    406 Words  | 1 Pages

    In Article I section 8 among the enumerated powers of Congress there is no mention of the word “bank” or “corporation.” The Constitution, however, does not specifically prohibit Congress from establishing a bank. The Marshall court found that the creation of a national bank would affect the welfare of the nation; therefor, the Constitutionality of creating the bank was legitimate.

    Read More

  • Pros And Cons Of The Louisiana Purchase

    983 Words  | 2 Pages

    Jefferson believed the creation of the National Bank was unconstitutional. In the article “Jefferson and the Louisiana Purchase” the author argues, “While it a National Bank was not expressly mentioned in the Constitution, Hamilton felt that the elastic clause (Art I., Sect. 8, Clause 18) gave the government the power to create such a body. Jefferson completely disagreed. He felt that all powers given to the National Government were enumerated. If they were not expressly mentioned in the Constitution then they were reserved to the states” (http://americanhistory.about.com). But under Hamilton’s National Bank, the United States had developed the financial credit necessary to receive a loan large enough for the Louisiana Purchase. With that being stated I am sure anyone can see why this would cause a problem for Jefferson if he believed the creation of the National Bank was unconstitutional. Jefferson believed that the Constitution was to be strictly interpreted and that government should act within the stated boundaries. Jefferson also favored limited government and believed that congress should be restricted to enumerated powers listed in the Constitution. The major difference between Jefferson and Hamilton concerning executive power rests with Jefferson’s faith in the body politic as represented by the

    Read More

  • Era of Good Feeling

    723 Words  | 2 Pages

    Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...

    Read More

  • Political Parties In The 1790s

    1746 Words  | 4 Pages

    Going hand in hand with his detestation of large, extremely controlling national governments, Jefferson was intent on having no national bank present in the US, but Hamilton was certain the country would benefit from one. For example, in a personal letter written by Alexander Hamilton, he wrote, “Mr. Madison, co-operating with Mr. Jefferson, is at the head of a faction, decidedly hostile to me, and my administration; and actuated by views... subversive of the principals of good government, and dangerous to the Union... Mr. Jefferson... [displays] his dislike of... funding [the] debt.” (Doc 2) Hamilton implied that by not advocating a national bank, Jefferson did not want to help the country pay off its debt. Jefferson, however, was dead set against having a national bank because he wanted the common people, such as the farmers, to have maximum influence on the government. This way, a strong central government could not have supreme political, economic, and social power, all of which together would open the doors for future corruption, even if the government was set up in the manner directed in the Constitution. Jefferson defended this judgement to the extent that he formed a political party so it could develop into a well-supported suggestion. Thus, the perspective on national banks could more efficiently progress into the point where it impacted the whole country and prevented the formation of a national bank. Equally, the excise tax proposed by Alexander Hamilton and carried out by Congress, factored in on Hamilton and Jefferson’s feud on having a national bank. In a letter written by Thomas Jefferson, he manifested his reaction to the excise tax by commenting, “The excise tax is an infernal one... [the public’s]

    Read More

  • Essay On The Tenth Amendment

    1240 Words  | 3 Pages

    According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.

    Read More

  • The United States Post Office

    1028 Words  | 3 Pages

    The congressional discussion at the time was where the roads and offices should be placed within the states. Thomas Jefferson and James Monroe were unsure if congress had the power to establish post offices, but Justice Joseph Story affirmed in his Commentaries on the Constitution of the United States that congress had this power considering the phrase “to establish” displays the means to create and likewise designate roads. Once the roads and offices are constructed they are subject to the laws of the s... ... middle of paper ... ... eive any further material from a particular sender.”

    Read More

  • The Power Struggle of the States and Federal Government in the United States

    1531 Words  | 4 Pages

    The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...

    Read More

  • The Fourteenth Amendment

    730 Words  | 2 Pages

    The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...

    Read More

  • The Marshall Court

    1506 Words  | 4 Pages

    The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...

    Read More

  • Andrew Jackson: The Champion Of The Common Man

    1569 Words  | 4 Pages

    In Jackson’s letter to Congress justifying his Bank Veto Message, he argues, “when the laws undertake to add to these natural and just advantages. make the rich richer and the potent more powerful, the humble members of society. have a right to complain of the injustices of their government.” In the preceding months, Jackson was in the midst of his presidential campaign for reelection when his opponents put political pressure on him by fast tracking the Bank Bill. Jackson, however, remained steadfast in his belief that the proposed bank was unconstitutional and thus he vetoed the bill.

    Read More

  • Jacksonian Democracy Dbq

    1046 Words  | 3 Pages

    Jackson was a strong opponent of the unequal and aristocrat dominated economic structure of most of America. He was very against the Bank of America because he believed it to have a monopoly on banking and felt that it was owned and run unjustly by wealthy aristocrats who were not always Americans (B). It must also be noted however, that while the Bank of America was undoubtedly corrupt (Nicholas Biddle is known to have given sums of money to close friends, and was also known to regularly bribe newspapers and similar media.) it also did what it was supposed to do very well. It provided money and credit to many of the lower classes that Jackson defended, and also was the source of much economic growth. As a result of this veto Jackson established pet banks in many Western areas to try to appease his main group of supporters and build up the rivalry between the agrarian South and West and the industrial North (C). Many immigrants found that one of the first things they discovered upon entering America was a sense of economic equality and lack of poverty, which are exactly the things Jackson was working towards (D). The case Charles River Bridge v. Warren Bridge decided that a charter given a person or group to do a service does not allow that group to have complete rights over this service. This decision supports the Jacksonian Democracy ideas that the rights of the community are more important than the rights of business (H).

    Read More

  • Structure of American and California Governments

    9636 Words  | 20 Pages

    The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.

    Read More

More about Mcculloch V. Maryland Case Analysis

Open Document